2014 South Carolina Code of Laws
Title 26 - Notaries Public and Acknowledgements
CHAPTER 6 - UNIFORM ELECTRONIC TRANSACTIONS ACT
SECTION 26-6-120. Satisfying law requiring a record to be maintained; checks.
(A) A law requiring a record to be retained is satisfied by retaining an electronic record of the information that:
(1) accurately reflects the information in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(B) A requirement to retain a record in accordance with subsection (A) does not apply to information whose only purpose is to enable the record to be sent, communicated, or received.
(C) A person may satisfy subsection (A) by using the services of another person if the requirements of that subsection are satisfied otherwise.
(D) A law requiring a record to be presented or retained in its original form, or providing consequences if the record is not presented or retained in its original form, is satisfied by an electronic record retained in accordance with subsection (A).
(E) A law requiring retention of a check is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (A).
(F) A record retained as an electronic record in accordance with subsection (A) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose.
(G) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
HISTORY: 2004 Act No. 279, Section 1.
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